Xport Fowarding LLC v. Mesitis DWC LLC et al
| XPORT FORWARDING LLC and Xport Fowarding LLC |
| MESITIS DWC LLC and Does 1 through 100, inclusive |
| 8:2023cv01566 |
| August 22, 2023 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Douglas F McCormick |
| Personal Property: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER by Judge Cormac J. Carney, Granting Stipulation to Continue Dates and Stay Case #27 . This action is stayed until 11/24/23. All deadlines in this matter from 9/25/23 onward are continued for sixty (60) days, through 11/24/23. (Made JS-6. Case Terminated.) (twdb)
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| Filing 27 STIPULATION to Continue Dates and Stay Case for Sixty (60) Days from September 25, 2023 to November 24, 2023 Re: Order on Motion for Preliminary Injunction #24 , Order #26 filed by Plaintiff Xport Fowarding LLC. (Attachments: #1 Proposed Order)(Vernick, Ashley) |
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Filing 26
AMENDED ORDER by Judge Cormac J. Carney, Denying Plaintiff's Motion for Preliminary Injunctive Relief (Dkt. #14 ), #24 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 25 MINUTES OF Motion Hearing held before Judge Cormac J. Carney: PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION RELIEF #14 . Motion under submission. Order to issue. Court Reporter: C/S 9/25/23. (twdb) |
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Filing 24
ORDER by Judge Cormac J. Carney: Denying #14 Plaintiff's MOTION for Preliminary Injunction Relief [Dkt.14]. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 23 REQUEST FOR JUDICIAL NOTICE (Second) filed by Defendant Mesitis DWC LLC. (Mirkovich, Joseph) |
| Filing 22 REQUEST FOR JUDICIAL NOTICE filed by Defendant Mesitis DWC LLC. (Mirkovich, Joseph) |
| Filing 21 REPLY in Support of Motion NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendant Mesitis a) wrongfully withholding and refusing to release Xports goods held by Mesitis in storage; and (b) intends to proceed with a public sale of goods that belong to Xport #14 filed by Plaintiff Xport Fowarding LLC. (Attachments: #1 Declaration Supplemental Declaration of Mario Bruendel in Support)(Vernick, Ashley) |
| Filing 20 NOTICE OF INTENT by Judge Cormac J. Carney. Scheduling order to be issued on November 9, 2023. (rrp) |
| Filing 19 First COUNTERCLAIM against Counter Defendant Xport Fowarding LLC, filed by Defendant Mesitis DWC LLC.(Mirkovich, Joseph) |
| Filing 18 ANSWER to Complaint - (Discovery) filed by Defendant Mesitis DWC LLC.(Mirkovich, Joseph) |
| Filing 17 MEMORANDUM in Opposition filed by Defendant Mesitis DWC LLC. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Mirkovich, Joseph) |
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Filing 16
ORDER by Judge Cormac J. Carney, Granting Stipulation to Continue Hearing on Plaintiff's Motion for Preliminary Injunctive Relief #15 . ( Motion continued to 9/25/2023 at 01:30 PM before Judge Cormac J. Carney.) (twdb)
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| Filing 15 STIPULATION to Continue Hearing on Plaintiff's Motion for Preliminary Injunctive Relief from September 22, 2023 to September 25, 2023 Re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendant Mesitis a) wrongfully withholding and refusing to release Xports goods held by Mesitis in storage; and (b) intends to proceed with a public sale of goods that belong to Xport #14 filed by Plaintiff Xport Fowarding LLC. (Attachments: #1 Proposed Order)(Vernick, Ashley) |
| Filing 14 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Defendant Mesitis a) wrongfully withholding and refusing to release Xports goods held by Mesitis in storage; and (b) intends to proceed with a public sale of goods that belong to Xport filed by Plaintiff Xport Fowarding LLC. Motion set for hearing on 9/22/2023 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of Ashley N. Vernick in Support, #2 Declaration of Mario Bruendel in Support) (Vernick, Ashley) |
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Filing 13
ORDER DIRECTING PLAINTIFF TO FILE A MOTION FOR A PRELIMINARY INJUNCTION, TEMPORARILY POSTPONING DEFENDANTS SALE, AND DENYING AS MOOT PLAINTIFFS APPLICATION FOR A TEMPORARY RESTRAINING ORDER [Dkt. 7] by Judge Cormac J. Carney #7 . Accordingly, the Court ORDERS Plaintiff to file a motion for a preliminary injunction no later than September 1, 2023. Any opposition by Defendant will be due by September 8, 2023, and any reply by Plaintiff will be due by September 15, 2023. The Court will hold a hearing on the motion for a preliminary injunction on September 22, 2023. The Court further ORDERS that Defendant shall not proceed with a sale of Plaintiffs goods in the interim. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 12 REPLY in support of Ex Parte Application EX PARTE APPLICATION for Temporary Restraining Order as to directing Mesitis to (a) cancel the public sale and (b) release all but 45 pallets of Xports goods, which is worth $481,950 #7 filed by Plaintiff Xport Fowarding LLC. (Vernick, Ashley) |
| Filing 11 MEMORANDUM in Opposition filed by Defendant Mesitis DWC LLC. (Attachments: #1 Declaration Declaration of Joseph N. Mirkovich, #2 Declaration Declaration of Marilyn Gursha)(Mirkovich, Joseph) |
| Filing 10 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Douglas F. McCormick. (car) |
| Filing 7 EX PARTE APPLICATION for Temporary Restraining Order as to directing Mesitis to (a) cancel the public sale and (b) release all but 45 pallets of Xports goods, which is worth $481,950 filed by Plaintiff XPORT FORWARDING LLC. (Attachments: #1 Declaration of Ashley N. Vernick in Support, #2 Declaration of Mario Bruendel in Support, #3 Proposed Order) (Vernick, Ashley) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice (Other) #2 . The following error(s) was found: A case-initiating document was submitted without payment of the full filing fee. Within two business days of this notice, counsel must pay the filing fee or file a request to proceed in forma pauperis;otherwise, the docket for this case number will be closed and no further filings will be permitted under this case number. The filing fee may be paid online by docketing the event Pay Filing Fee. Other error(s) with document(s): Document was e-filed under the wrong event of Notice (Other). Case Opening Clerk has modified the docket entry to reflect that the document is a Notice of Removal. (car) |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Ashley Vernick counsel for Plaintiff XPORT FORWARDING LLC. Adding Ashley N. Vernick as counsel of record for XPort Forwarding, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff XPort Forwarding, LLC. (Attorney Ashley Vernick added to party XPORT FORWARDING LLC(pty:pla))(Vernick, Ashley) |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Alejandro S Angulo counsel for Plaintiff XPORT FORWARDING LLC. Adding Alejandro S. Angulo as counsel of record for XPort Forwarding, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff XPort Forwarding, LLC. (Attorney Alejandro S Angulo added to party XPORT FORWARDING LLC(pty:pla))(Angulo, Alejandro) |
| FILING FEE PAID for new civil case. Receipt No. ACACDC-35922754 for $402 filing fee. (Mirkovich, Joseph) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 100, inclusive, Mesitis DWC LLC, filed by Plaintiff Xport Fowarding LLC. Filed in State Court on 8/11/2023 Submitted with Attachment Exhibit A to Notice of Removal #1 (car) |
| Filing 3 CIVIL COVER SHEET filed by Defendant MESITIS DWC LLC. (Mirkovich, Joseph) |
| Filing 2 [NOTICE OF REMOVAL] filed as Notice filed by Plaintiff MESITIS DWC LLC. (Mirkovich, Joseph) Modified on 8/24/2023 (car). |
| Filing 1 NOTICE of Interested Parties filed by Plaintiff MESITIS DWC LLC, (Attorney Joseph N Mirkovich added to party MESITIS DWC LLC(pty:dft))(Mirkovich, Joseph) |
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